(1)
Prescription information submitted to the department shall be
confidential, in compliance with chapter 70.02 RCW and federal
health care information privacy requirements and not subject to
disclosure, except as provided in subsections (3) and (4) of this
section.
(2) The department shall maintain procedures to ensure that
the privacy and confidentiality of patients and patient
information collected, recorded, transmitted, and maintained is
not disclosed to persons except as in subsections (3) and (4) of
this section.
(3) The department may provide data in the prescription
monitoring program to the following persons:
(a) Persons authorized to prescribe or dispense controlled
substances, for the purpose of providing medical or
pharmaceutical care for their patients;
(b) An individual who requests the individual's own
prescription monitoring information;
(c) Health professional licensing, certification, or
regulatory agency or entity;
(d) Appropriate local, state, and federal law enforcement or
prosecutorial officials who are engaged in a bona fide specific
investigation involving a designated person;
(e) Authorized practitioners of the department of social and
health services regarding medicaid program recipients;
(f) The director or director's designee within the
department of labor and industries regarding workers'
compensation claimants;
(g) The director or the director's designee within the
department of corrections regarding offenders committed to the
department of corrections;
(h) Other entities under grand jury subpoena or court order;
and
(i) Personnel of the department for purposes of
administration and enforcement of this chapter or chapter 69.50 RCW.
(4) The department may provide data to public or private
entities for statistical, research, or educational purposes after
removing information that could be used to identify individual
patients, dispensers, prescribers, and persons who received
prescriptions from dispensers.
(5) A dispenser or practitioner acting in good faith is
immune from any civil, criminal, or administrative liability that
might otherwise be incurred or imposed for requesting, receiving,
or using information from the program.
[2007 c 259 § 45.]